We Care

Was Georgia toddler’s death due to negligent property owner?

A 3-year-old child died while attempting to use the slide at a daycare center run from the provider’s home. While Georgia police have not yet charged the childcare provider, the chief remarked that it could potentially be considered the fault of a negligent property owner. The child died from asphyxiation.

The boy who died was apparently at the top of the slide when the daycare provider had gone back into the home. The child was spotted by the woman choking at the top of the playground slide with his neck caught in a circle of twine. The twine was apparently twisted into a loop at the top of the slide.

The woman provided CPR while awaiting the arrival of emergency personnel. The child was taken to a local hospital where he later died from his injuries. The facility was inspected and ordered to be shut down after several safety violations were documented. While the initial investigation suggests that the tragedy was accidental, it could later be ruled to have been the result of a negligent homicide once all of the relevant and circumstances are considered.

So far, there have been several issues identified concerning the playground and the operation of the daycare facility. This could result in claims that the tragic loss was caused by a negligent property owner. The child’s family may elect to pursue legal action in the form of a wrongful death lawsuit against the daycare center and its owner. Even if the authorities in Georgia do not pursue criminal charges, a successful civil litigation could still result in a monetary judgment for financial losses and may also help prevent others from suffering similar tragedies.

Source: kplctv.com, “Boy dies after hanging himself on playground equipment”, Mike Paluska, July 10, 2014